The Jammu and Kashmir High Court has ruled that Article 370 has assumed a place of permanence in the Constitution and the feature is beyond amendment, repeal or abrogation. The people of the State are steadfast on the fact that Article 370 is irrevocable”, he said, adding: ” The people of the State also understand that Article 370 is bridge between The J&K State and the Union of India.
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The division bench of Justice Hasnain Masoodi and Justice Janak Raj Kotwal ruled in a 60-page judgement that the Article 370 though titled as Temporary Provision and included in Para XXI titled Temporary, Transitional and Special Provisions has assumed place of permanence in the Constitution.
“Jammu and Kashmir while acceding to Dominion of India, retained limited sovereignty and did not merge with Dominion of India, like other Princely States that signed Instrument of Accession with India”, the court observed. The only other provision applied to the state by the Constitution itself, is Article 1 made applicable by sub clause (c) clause (1) Article 370.
“The State as on date continues to enjoy autonomy in areas covered by the provisions of Constitution not extended to (it)”.
However, the BJP while forming the government in the state in alliance with the PDP did not push hard for abrogation of Article 370 and agreed for the Common Minimum Programme the two parties had prepared, which clearly stated that the present position would be maintained on all constitutional provisions, including on special status.
Proviso to Article 253, the court said, even guarantees a say or role to the Government of the State in decision affecting the disposition of the State. “The judgment will last the Hon’ble Supreme Court to deal with the implications of Article 35 A of the Constitution of India which is under bits consideration”. It states that the power of the Parliament of India will be limited to making laws pertaining to Defence, Communications and the External Affairs of the state. “While extending such provisions and laws, the exercise of the power involves consultation with the state government”, it said.
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“Article 370 is the only provisions of the Constitution that applies to the state, on its own”. When the Constituent Assembly completed its business in 1957, it left the Article as it is. The candidates should take note of the articles relating to J&K in the constitution of India, and its various provisions.
